Chapter 159

2012 -- S 2772

Enacted 06/06/12

A N A C T

RELATING TO CRIMINAL PROCEDURE - SEARCH WARRANTS

Introduced By: Senator Maryellen Goodwin

Date Introduced: March 08, 2012

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-5-3 of the General Laws in Chapter 12-5 entitled "Search

Warrants" is hereby amended to read as follows:

12-5-3. Issuance and contents. -- (a) A warrant shall issue only upon complaint in

writing, under oath of:

      (1) A chief of police, deputy chief of police or other members of the police force of any

city or town, sheriff, or deputy sheriff of any county, member of the division of state police, full

time conservation officer of the department of environmental management, or other person

specifically authorized by law to bring complaints for violation of the law which it is his or her

responsibility to enforce;

      (2) Additionally, in the case of property stolen, embezzled, or obtained by fraud or false

pretenses, any person who has a right to the possession of the property.

(3) Additionally, a sworn law enforcement member of any city or town where that

member is serving on a statewide task force.

      (b) Within fourteen (14) days of the issuance of any warrant under this chapter, whether

or not executed, the warrant, accompanied by any supporting affidavits and an inventory of any

property seized, shall be returned to the district court having jurisdiction over the place of the

search or, in the event of a warrant that is not executed, the court from which it was issued. The

returns shall be maintained by the district court according to the date of issuance. If not otherwise

indicated, the return shall note whether the warrant was executed.

SECTION 2. This act shall take effect upon passage.

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LC01973

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